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Patna High Court

Ugan kumar @ Chandra Kishor KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to monetary bond and specific conditions.

Summary

The petitioner, Ugan Kumar, was arrested in connection with the recovery of 110.43 liters of liquor from his residence, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the liquor was found in a joint family house and that no incriminating material was recovered from his personal possession, and that his arrest was based merely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the facts, the period of custody since 19‑11‑2025, and the petitioner’s three prior criminal antecedents. The court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular appearance in court. The bail may be cancelled if the petitioner defaults on two consecutive appearances.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
  • Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.
  • Whether the petitioner’s period of custody and prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • criminal procedure
  • suspicion
  • joint family house
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3319 of 2026
                    Arising Out of PS. Case No.-432 Year-2025 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Ugan kumar @ Chandra Kishor Kumar Son of Manoj Kumar Yadav R/o
                 Village - Mahdeva, P.S. - Phulparas, Dist. - Madhubani.


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hriday Narayan Harshit, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Phulparas P.S. Case No. 432 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 110.43 liters

                   liquor was recovered from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.3319 of 2026(2) dt.19-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner has been

          arrested only on the basis of suspicion. It is further submitted

          that the alleged recovery has been made from the joint house of

          the petitioner where other family members also reside. The

          petitioner is in custody since 19.11.2025 and has got three

          criminal antecedents. There is no compliance of Section 103 of

          the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Phulparas P.S. Case

          No. 432 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.3319 of 2026(2) dt.19-01-2026
                                                         3/3




                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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